Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Must include some act done by defendant which leads plaintiff to file a suit and includes all the material facts on which cause of action is found...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 14(1) -- Rejection of plaint - Barred by law - Suit barred u/s 14(1) of Hindu Succession Act, 1956, which preserves the right of a female Hindu to own self acquired property - Plaint rejected...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Victim was five years of age on the date of occurrence - Neither victim nor her parents supported prosecution case - Though, injury has been found on the private part of victim but whether this injury has been caused by rape by accused could not be proved by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand was for Rs.10,000 but PW1 arranged the amount of Rs.5,000/- which was placed on the table - Appellant did not handle the amount - No explanation given as to why Rs.5,000 was accepted when demand was for Rs.10,000/- - Version given by appellant at the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Absence of accused when case was fixed for judgment - Application to dispense with his presence dismissed - Accused convicted - Non bailable warrants issued against him - Application of accused u/s 70(2) Cr.P.C. to cancel warrants and u/s 438 Cr.P.C. dismissed - Accused directed to appear before..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
